Supreme Court of Georgia June 16, 1941, 13692. (Hutchinson v. King)

Jenkins, Justice.

1. Although it is the statutory rule that “a deed or bill of sale, absolute on its face and accompanied with possession of the property, shall not be proved, at the instance of the parties, by parol evidence to be a mortgage only, unless fraud in its procurement shall be the issue to be tried” (Code, § 67-104;

Brown

v.

Carmichael,

149

Ga.

548 (2), 101 S. E. 124;

Berry

v.